Indiana § 32-23-13-6 Action; requirements; guardian ad litem

Indiana Statutes

§ 32-23-13-6 — Action; requirements; guardian ad litem

Indiana·Title 32 PROPERTY·Art. 23 CONVEYANCE OF PROPERTY INTERESTS·Ch. 13 Mineral Estates of Unknown or Missing Owners

(a)An adjacent mineral producer that brings an action under this chapter must do the following:

(1)Name the following as respondents:

(A)The last owners of record in the chain of title and all reasonably ascertainable heirs, devisees, successors, and assigns of the last owners of record.

(B)If record title to the mineral interest of an unknown or missing owner has been severed of record from ownership of the overlying surface land, the record owner of the overlying surface land. Any person named in this subdivision must be sent notice of the action by certified mail.

(2)File a verified petition with the court that sets forth the following:

(A)A statement that specifies the mineral that the petitioner seeks to develop in the subject land.

(B)The petitioner's request that a trustee be

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(a) An adjacent mineral producer that brings
an action under this chapter must do the following:
(1) Name the following as respondents:
(A) The last owners of record in the chain of title and all
reasonably ascertainable heirs, devisees, successors, and
assigns of the last owners of record.
(B) If record title to the mineral interest of an unknown or
missing owner has been severed of record from ownership of
the overlying surface land, the record owner of the overlying
surface land. Any person named in this subdivision must be
sent notice of the action by certified mail.
(2) File a verified petition with the court that sets forth the
following:
(A) A statement that specifies the mineral that the petitioner
seeks to develop in the subject land.
(B) The petitioner's request that a trustee be appointed to
execute a lease granting the petitioner the right to produce and
develop from the subject mineral interest of the unknown or
missing owner a mineral of the type produced by the adjacent
mineral producer.
(C) The legal description of the mineral interest of the unknown
or missing owner.
(D) The interest of the petitioner in the land adjacent to,
adjoining the subject land, or within the production unit
established by the division of reclamation.
(E) The apparent interest of each respondent in the applicable
mineral sought to be produced and developed within the subject
land.
(F) A verified statement that informs the court of the actions the
petitioner has taken to identify and locate the unknown or
missing owner or the owner's heirs, devisees, successors, and
assigns.
(b) The Indiana Rules of Trial Procedure govern an action under this
chapter to make an unknown or missing person a respondent. Legal
service on a respondent who is unknown or missing may be made by
publication.
(c) The court shall appoint a guardian ad litem for any respondent
to the proceeding who is:
(1) a ward of the state or a ward to another person; or
(2) less than eighteen (18) years of age and is not represented by
a parent.
(d) If it appears to the court that a person who is not in being, but,
upon coming into being, is or may be entitled to any interest in the land
sought to be leased, the court shall appoint a guardian ad litem to
appear for and represent the interest in the proceeding and to defend
the proceeding on behalf of the person not in being. A judgment or
order entered by the court in a proceeding under this chapter is
effective against the person not in being.